REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCRC NO. 19 OF 2020
REPUBLIC ……………………………………………PROSECUTOR
VERSUS
SAMMY MULWA ALIAS MBOI ……………………………ACCUSED
SENTENCE RULING
(1) The offender was found guilty and convicted of manslaughter contrary to section 202 as read with section 205 of the Penal Code. I heard submissions on the sentence and mitigation from the prosecution and the defence counsel.
(2) I sought a pre-sentence report. When the report came filed on 22/5/2026 it had annextures to demonstrate that the accused person through his clan had entered into a reconciliation and there was restoration of relations through the customary payment of a cow and a goat
(3) The minutes and agreements had not been translated, there was no evidence of participation of the family of the deceased.
(4) I directed that the necessary be done.
(5) Vide a further report from Probation and After Care Services filed on 23/7/2026 the documents have been translated and evidence availed to show that the family of the deceased participated.
(6) What is clear from the record is that the 2 clans – that of the deceased ‘ Akitondo’ and that of the accused ‘ Ambua ’ – did the customary rites of paying a cow and a goat and Kshs 30,000/= towards the burial expenses.
(7) That having been done – any bad blood that may have arisen between the 2 families has been settled. However, the 2 clans did not deal with the individual conduct of the accused person as to what would be expected of him – should he go back to the community.
(8) Clearly – the punitive part of his has been left with the court. The accused is a 1 st offender, he is remorseful – he is young – the death was from a single stab wound – he has been in custody since the 6 th June 2023.
(9) The offence of manslaughter carries a maximum life sentence – in the circumstances of this case – applying section 333(2) of the Criminal Procedure Code the accused is sentenced to 7 (seven) years imprisonment with effect from 6 th June 2023.
SENTENCE Ruling dated signed and delivered virtually at Kabarnet this 31 st July 2026.
MUMBUA T MATHEKA
JUDGE
In the presence of :-
Accused person
Ms Ong’ong’a for accused
Ms. Musango for State
CA Chrispol
FOOTNOTES
[1]
ENDNOTES
[i]
Page 3 of 3 SENTENCE RULING HCCRC NO. 19/2020
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCRC NO. 19 OF 2020
REPUBLIC ……………………………………………PROSECUTOR
VERSUS
SAMMY MULWA ALIAS MBOI ……………………………ACCUSED
SENTENCE RULING
(1) The offender was found guilty and convicted of manslaughter contrary to section 202 as read with section 205 of the Penal Code. I heard submissions on the sentence and mitigation from the prosecution and the defence counsel.
(2) I sought a pre-sentence report. When the report came filed on 22/5/2026 it had annextures to demonstrate that the accused person through his clan had entered into a reconciliation and there was restoration of relations through the customary payment of a cow and a goat
(3) The minutes and agreements had not been translated, there was no evidence of participation of the family of the deceased.
(4) I directed that the necessary be done.
(5) Vide a further report from Probation and After Care Services filed on 23/7/2026 the documents have been translated and evidence availed to show that the family of the deceased participated.
(6) What is clear from the record is that the 2 clans – that of the deceased ‘ Akitondo’ and that of the accused ‘ Ambua ’ – did the customary rites of paying a cow and a goat and Kshs 30,000/= towards the burial expenses.
(7) That having been done – any bad blood that may have arisen between the 2 families has been settled. However, the 2 clans did not deal with the individual conduct of the accused person as to what would be expected of him – should he go back to the community.
(8) Clearly – the punitive part of his has been left with the court. The accused is a 1 st offender, he is remorseful – he is young – the death was from a single stab wound – he has been in custody since the 6 th June 2023.
(9) The offence of manslaughter carries a maximum life sentence – in the circumstances of this case – applying section 333(2) of the Criminal Procedure Code the accused is sentenced to 7 (seven) years imprisonment with effect from 6 th June 2023.
SENTENCE Ruling dated signed and delivered virtually at Kabarnet this 31 st July 2026.
MUMBUA T MATHEKA
JUDGE
In the presence of :-
Accused person
Ms Ong’ong’a for accused
Ms. Musango for State
CA Chrispol
FOOTNOTES
[1]
ENDNOTES
[i]
Page 3 of 3 SENTENCE RULING HCCRC NO. 19/2020